Statistical Report 2000-2001
Enforcement Notice Appeals - England
The tables in this section of the report show appeals under section 174 of the Town and Country Planning Act 1990 and section 39 of the Planning (Listed Building and Conservation Areas) Act 1990. A further breakdown of section 39 appeals is given in Table 23.
The intake of enforcement notice appeals for the year was 3% lower than last year. The number of decisions fell by nearly 22%.
Table 15 shows the number of appeals received, withdrawn and decided. It also shows a breakdown of the outcome of the appeal.
Table 15: Summary
|
Year |
Received |
Appeals1 and/or notices withdrawn |
Decided |
Notice |
||
|---|---|---|---|---|---|---|
|
Upheld (%) |
Varied2 (%) |
Quashed (%) |
||||
|
1998-1999 |
3,968 |
1,345 |
2,370 |
941 (40) |
832 (35) |
597 (25) |
|
1999-2000 |
3,714 |
1,166 |
2,746 |
899 (33) |
1,008 (37) |
839 (31) |
|
2000-2001 |
3,589 |
1,062 |
2,159 |
775 (36) |
785 (36) |
599 (28) |
1 includes appeals turned away, dismissed or allowed under section 176(3) of the Town and Country Planning Act 1990
2 notice varied includes split decisions
During the year Inspectors determined all but 10 appeals which were decided by the Secretary of State. Table 16 shows appeals decided by Inspectors and the Secretary of State and the number where the notice was upheld.
Table 16: Outcome by Secretary of State or Inspectors
|
Year |
Secretary of State cases |
Inspector cases |
||
|---|---|---|---|---|
|
Decided |
Notice upheld (%) |
Decided |
Notice upheld (%) |
|
|
1998-1999 |
51 |
12 (24) |
2,319 |
929 (40) |
|
1999-2000 |
22 |
6 (27) |
2,724 |
893 (33) |
|
2000-2001 |
10 |
6 (60) |
2,149 |
769 (36) |
Enforcement notice appeals can be determined following an exchange of
written representations, an inquiry or a hearing. The percentage of appeals
decided by the three procedure types is shown in Chart 6. Inquiry and
written representation cases are also split between those determined by
Inspectors and the Secretary of State. The figure for hearings includes
1 appeal determined by the Secretary of State.
Tables 17, 18 and 19 show the number of appeals decided by written representations, inquiries and hearings respectively. They also show a further breakdown between those determined by the Secretary of State and Inspectors. The number of notices upheld is also shown.
Table 17: Outcome by procedure - written representations
|
Year |
Secretary of State |
Inspector |
Overall |
|||
|---|---|---|---|---|---|---|
|
Decided |
Notice Upheld (%) |
Decided |
Notice Upheld (%) |
Decided |
Notice Upheld (%) |
|
|
1998-1999 |
8 |
2 (25) |
1,134 |
522 (46) |
1,142 |
524 (46) |
|
1999-2000 |
10 |
2 (20) |
1,525 |
597 (39) |
1,535 |
599 (39) |
|
2000-2001 |
5 |
4 (80) |
1,106 |
467 (42) |
1,111 |
471 (42) |
Table 18: Outcome by procedure - inquiries
|
Year |
Secretary of State |
Inspector |
Overall |
|||
|---|---|---|---|---|---|---|
|
Decided |
Notice Upheld (%) |
Decided |
Notice Upheld (%) |
Decided |
Notice Upheld (%) |
|
|
1998-1999 |
42 |
10 (24) |
734 |
273 (37) |
776 |
283 (37) |
|
1999-2000 |
9 |
1 (11) |
667 |
153 (23) |
676 |
154 (23) |
|
2000-2001 |
5 |
2 (40) |
545 |
152 (28) |
550 |
154 (38) |
Table 19: Outcome by procedure - hearings
|
Year |
Secretary of State |
Inspector |
Overall |
|||
|---|---|---|---|---|---|---|
|
Decided |
Notice Upheld (%) |
Decided |
Notice Upheld (%) |
Decided |
Notice Upheld (%) |
|
|
1998-1999 |
1 |
0 (0) |
451 |
134 (30) |
452 |
134 (30) |
|
1999-2000 |
3 |
3 (100) |
532 |
143 (27) |
535 |
146 (27) |
|
2000-2001 |
0 |
0 (0) |
498 |
150 (30) |
498 |
150 (30) |
Chart 7 shows cases decided and the 80% handling times by procedure type for Inspector cases. This work is not covered by a Ministerial target, but out internal business plan target is to determine 80% of written representation and hearing cases within 40 weeks and 80% of inquiry cases within 50 weeks.
Table 20 analyses appeals decided and the outcome, by classification of land use.
Table 20: Appeals by alleged Land Use
|
Land Use |
Decided
|
Notice |
||
|---|---|---|---|---|
|
Upheld |
Varied1 |
Quashed |
||
|
Agriculture,fisheries and forestry |
109 |
44 |
36 |
29 |
|
Community, education and defence services |
26 |
3 |
8 |
15 |
|
Offices |
61 |
22 |
20 |
19 |
|
Housing and residential development |
1069 |
390 |
379 |
300 |
|
Leisure and recreation |
61 |
16 |
17 |
28 |
|
Mineral extraction |
7 |
2 |
4 |
1 |
|
Industry |
119 |
40 |
57 |
22 |
|
Shopping |
247 |
85 |
97 |
65 |
|
Transport, utilities and miscellaneous |
203 |
80 |
70 |
53 |
|
Wholesale and storage |
257 |
93 |
97 |
67 |
|
Total |
2159 |
775 |
785 |
599 |
1 notice varied includes split decisions
